The association of diagnosed SBS with deliberate assault is a matter of legal and medical contention, with conflicting opinions as to whether one necessarily implies the other. One of the main contentions is that many medical definitions create a biased picture of the defendants, marking them as the aggressor and implicitly providing a guilty verdict. Simply, this diagnosis blurs the line between diagnosis and verdict. According to Gabaeff (2018), shaken baby syndrome is an "unproven hypothesis". Scientific challenges to its validity have been increasing. The concern when combining these two factors is that it allows physicians to provide a definite cause for a condition which can have life-changing legal implications for the person accused of causing it. This is problematic since in many states, such legal sentencing is typically rendered by multidisciplinary child-abuse-prevention teams (physicians, social workers, and law enforcement). Similarly, the Maguire model, suggested in 2011 as a potential statistical model for determining the probability that a child's trauma was caused by abuse, has been questioned. A proposed clinical prediction rule with high sensitivity and low specificity, to rule out abusive head trauma, has been published. In July 2005, the
Court of Appeal of England and Wales heard four appeals of SBS convictions: one case was dropped, the sentence was reduced for one, and two convictions were upheld. The court found that the classic triad of retinal bleeding, subdural hematoma, and acute
encephalopathy are not 100% diagnostic of SBS and that clinical history is also important. In the Court's ruling, they upheld the clinical concept of SBS but dismissed one case and reduced another from murder to manslaughter. The court did not believe the "unified hypothesis", proposed by British physician J. F. Geddes and colleagues, as an alternative mechanism for the subdural and retinal bleeding found in suspected cases of SBS. In 2012,
Norman Guthkelch, the neurosurgeon often credited with "discovering" the diagnosis of SBS, published an article "after 40 years of consideration", which is harshly critical of shaken baby prosecutions based solely on the triad of injuries. Again, in 2012, Guthkelch stated in an interview, "I think we need to go back to the drawing board and make a more thorough assessment of these fatal cases, and I am going to bet ... that we are going to find in every – or at least the large majority of cases, the child had another severe illness of some sort which was missed until too late." Furthermore, in 2015, Guthkelch went so far as to say, "I was against defining this thing as a syndrome in the first instance. To go on and say every time you see it, it's a crime ... It became an easy way to go into jail." Teri Covington, who runs the
National Center for Child Death Review Policy and Practice, worries that such caution has led to a growing number of cases of child abuse in which the abuser is not punished. Squier denied the allegations and appealed the decision. As her case was heard by the
High Court of England and Wales in October 2016, an open letter to the
British Medical Journal questioning the decision to strike off Squier, was signed by 350 doctors, scientists, and attorneys. On 3 November 2016, the court published a judgment which concluded that "the determination of the MPT is in many significant respects flawed". The judge found that she had committed serious professional misconduct but was not dishonest. She was reinstated to the medical register but prohibited from giving expert evidence in court for the next three years. In 2022,
Channel 4 in the UK broadcast a documentary called
The Killer Nanny: Did She Do It? concerning the
Louise Woodward case. In it, civil rights lawyer Clive Stafford Smith stated, "shaken baby syndrome is bullshit". In 2023, a New Jersey appellate court upheld a lower court's decision to bar the inclusion of SBS in two recent child abuse cases. In the decision, several reasons cited. First, there was a split in the pediatrics and biomechanics community over whether shaking alone is sufficient to cause the syndrome. This resulted in
expert testimony being dismissed. Additionally, in each case, SBS was difficult to conclude and there was difficulty proving assault otherwise. However, these cases only set precedent for a narrow subsection of cases of SBS where there is no sign of impact to the babies head as well as no other means to demonstrate abuse. Additionally, other conditions can still be reliably diagnosed without confirmation of the original insult, such as asbestos and sports-related injuries. However, the
Texas Supreme Court granted a stay of execution to allow his testimony before the Texas House Committee on Criminal Jurisprudence. ==See also==